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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION RESPONDENTS OFFICERS MATTER COMPLAINT FEDERAL TRADE COMMISSION MID-AMERICA FARM REPRESENTATIVES DIRECTORS EMPLOYEES AGENTS EQUIPMENT TRADE COMMISSION ACT AFFECTING PUBLICATIONS AGREEMENT COMMERCE FARM EDITION ADVERTISING THEREAFTER VIOLATIONS ADMISSION PURPOSES REASON BUSINESS SUCCESSORS PRICES SALE |
9710039
B241961
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
Commissioners:
Robert Pitofsky
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
FASTLINE PUBLICATIONS, INC., and MID-AMERICA EQUIPMENT RETAILERS
ASSOCIATION, corporations.
DOCKET NO. C-3819
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of
certain acts and practices of the respondents named in the caption
hereof, and the respondents having been furnished thereafter with a
copy of a draft of complaint which the Chicago Regional Office
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondents with violations
of the Federal Trade Commission Act; and
The respondents, their attorneys, and counsel for the Commission
having thereafter executed an agreement containing a consent order, an
admission by the respondents of all the jurisdictional facts set forth
in the aforesaid draft of complaint, a statement that the signing of
said agreement is for settlement purposes only and does not constitute
an admission by respondents that the law has been violated as alleged
in such complaint, and waivers and other provisions as required by the
Commission's Rules; and
The Commission having thereafter considered the matter and having
determined that it had reason to believe that the respondents have
violated the said Act, and that a complaint should issue stating its
charges in that respect, and having thereupon accepted the executed
consent agreement and placed such agreement on the public record for a
period of sixty (60) days, and no comments having been filed
thereafter by interested parties pursuant to §2.34 of its Rules, the
Commission hereby issues its complaint, makes the following
jurisdictional findings and enters the following order:
1. Respondent Fastline Publications, Inc., is a corporation
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2
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COMPLAINT
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EXTRACTED KEY WORDS
KENTUCKY FASTLINE RETAILERS ASSOCIATION MID-AMERICA ADVERTISING MEMBERS FEDERAL TRADE COMMISSION ACT SALE PRICES PARAGRAPH FARM EQUIPMENT DEALERS OFFICERS RESPONDENTS DIRECTORS EMPLOYEES AGENTS REPRESENTATIVES SUCCESSORS INDIANA COMPETITION FASTLINE PUBLICATIONS BUSINESS RESTRAIN PRACTICES VIRTUE PUBLISHING OFFERING CANCEL |
9710039
B241961
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
FASTLINE PUBLICATIONS, INC., and MID-AMERICA EQUIPMENT RETAILERS
ASSOCIATION, corporations.
Docket No. C-3819
COMPLAINT
Pursuant to the provisions of the Federal Trade Commission Act, as
amended, 15 U.S.C. § 41 et seq., and by virtue of the authority vested
in it by said Act, the Federal Trade Commission, having reason to
believe that Fastline Publications, Inc. ("Fastline"), and Mid-
America Equipment Retailers Association ("Mid-America"), hereinafter
sometimes referred to as respondents, have violated and are violating
Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, and it
appearing to the Commission that a proceeding by it in respect thereof
would be in the public interest, hereby issues this complaint, stating
its charges as follows:
PARAGRAPH ONE: For purposes of this complaint, the following
definitions shall apply:
A. "Fastline" means Fastline Publications, Inc., its directors,
officers, employees, agents and representatives, predecessors,
successors and assigns; its subsidiaries, divisions, groups and
affiliates controlled by Fastline, and the respective directors,
officers, employees, agents and representatives, successors, and
assigns of each.
B. "Kentucky Retailers Association" means the Kentucky Farm and
Power Equipment Retailers Association, its directors, officers,
employees, agents and representatives, predecessors, successors and
assigns; its subsidiaries, divisions, groups and affiliates
controlled by the Kentucky Retailers Association, and the
respective directors, officers, employees, agents and
representatives, successors, and assigns of each.
C. "Mid-America" means the Mid-America Equipment Retailers
Association, its directors, officers, employees, agents and
representatives, predecessors, successors and assigns; its
subsidiaries, divisions, groups and affiliates controlled by
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3
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ANALYSIS
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EXTRACTED KEY WORDS
FASTLINE PROPOSED ORDER ADVERTISING PRICES KENTUCKY FARM MID-AMERICA KENTUCKY FARM EDITION FARM EQUIPMENT DEALERS PROPOSED CONSENT ORDER AGREEMENT PUBLICATIONS FEDERAL TRADE COMMISSION BUYING GUIDES RETAILERS ASSOCIATION COMPLAINT MEMBERS DEPRIVING CONSUMERS ENJOIN SALE INDIANA SETTLE TRADE COMMISSION ACT PUBLIC RECORD WITHDRAW PURPOSE FACILITATE FARMERS REVENUE MERGER |
9710039
ANALYSIS OF PROPOSED CONSENT ORDER TO AID PUBLIC COMMENT
The Federal Trade Commission has accepted, subject to final approval,
an agreement to a proposed consent order from Fastline Publications,
Inc. ("Fastline") and Mid-America Equipment Retailers Association
("Mid-America"). The agreement would settle allegations that Fastline
and Mid-America violated Section 5 of the Federal Trade Commission Act
by agreeing not to advertise or publish prices for new farm equipment
in the Fastline Kentucky Farm Edition.
The proposed consent order has been placed on the public record for
sixty (60) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement and take other appropriate action or make
final the agreement's proposed order.
The purpose of this analysis is to facilitate public comment on the
proposed consent order. The analysis is not intended to constitute an
official interpretation of the agreement and proposed order, or to
modify in any way their terms. Further, the proposed consent order has
been entered into for settlement purposes only, and does not
constitute an admission by Fastline or Mid-America that the law has
been violated as alleged in the complaint.
The Complaint
Fastline publishes, among other things, picture buying guides for new
and used farm equipment, which are mailed free to farmers and ranchers
in over 40 states. Farm equipment advertised in Fastline's buying
guides ranges from relatively inexpensive lawn mowers to heavy duty
farm equipment such as tractors, plows, planters, cotton pickers, and
combines costing tens of thousands of dollars. Fastline's principal
source of revenue is the farm equipment dealers who advertise in its
buying guides. Fastline currently publishes 20 monthly editions of its
farm equipment buying guides, serving 41 states. Farm equipment
dealers view the Fastline Kentucky Farm Edition as a key vehicle for
advertising to farmers located in Kentucky.
Mid-America is a trade association for farm equipment dealers. It was
formed in 1992 through the merger of the Indiana Implement Dealers
Association, Inc., and the Kentucky Farm and Power Equipment Retailers
Association (the "Kentucky Retailers Association"). About 90 percent
of the farm equipment dealers in Kentucky and Indiana are members of
Mid-America.
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
RESPONDENTS COMMISSION PROPOSED RESPONDENTS COMPLAINT MID-AMERICA AGREEMENT OFFICERS FARM FEDERAL TRADE COMMISSION PUBLICATIONS EQUIPMENT REPRESENTATIVES MATTER DIRECTORS EMPLOYEES AGENTS CEASE ACT FARM EDITION AFFECTING ADVERTISING MID-AMERICA EQUIPMENT RETAILERS COUNSEL INDIANA DRAFT ACCEPTANCE SUCCESSORS PRICES SALE |
9710039
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
In the Matter of
FASTLINE PUBLICATIONS, INC., and MID-AMERICA EQUIPMENT RETAILERS
ASSOCIATION, corporations.
File No. 971-0039
AGREEMENT CONTAINING CONSENT ORDER TO CEASE AND DESIST
The Federal Trade Commission, having initiated an investigation of
certain acts and practices of Fastline Publications, Inc.
("Fastline"), and Mid-America Equipment Retailers Association
("Mid-America"), hereinafter sometimes referred to as "proposed
respondents," and it now appearing that the proposed respondents are
willing to enter into an agreement containing an order to cease and
desist from use of the acts and practices being investigated and
providing for other relief:
IT IS HEREBY AGREED by and between proposed respondents and their
attorneys, and counsel for the Federal Trade Commission that:
1. Proposed respondent Fastline is a corporation organized, existing,
and doing business under and by virtue of the laws of the State of
Kentucky, with its principal office and place of business located at
4900 Fox Run Road, Buckner, Kentucky 40010.
2. Proposed respondent Mid-America Equipment Retailers Association is
a corporation organized, existing, and doing business under and by
virtue of the laws of the State of Indiana with its principal office
and place of business located at 9800 Association Court, Indianapolis,
Indiana 46280.
3. Proposed respondents admit all the jurisdictional facts set forth
in the draft of complaint here attached.
4. Proposed respondents waive:
(a) any further procedural steps;
(b) the requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law;
(c) all rights to seek judicial review or otherwise to challenge or
contest the validity of the order entered pursuant to this
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